Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 78

Actions of plan nominee on behalf of participant

             (1)  Any act that may be done by a participant under, or for the purposes of, this Act that relates to:

                     (a)  the preparation, variation, reassessment or replacement of the participant's plan; or

                     (b)  the management of the funding for supports under the participant's plan;

may be done by the participant's plan nominee, other than to the extent specified in the instrument of appointment of the plan nominee.

Note 1:       For the appointment of plan nominees, see section 86.

Note 2:       This subsection is subject to section 85 (which deals with the right of the nominee to attend with a participant) and subsection (4) of this section.

             (2)  Without limiting subsection (1), a request that may be made under this Act by a participant may be made by the participant's plan nominee on behalf of the participant.

             (3)  An act done by a participant's plan nominee because of this section has effect, for the purposes of this Act (other than this Part), as if it had been done by the participant.

             (4)  If, under this Act, the CEO gives a notice to a participant who has a plan nominee, subsection (1) does not extend to an act that is required by the notice to be done by the participant personally.

             (5)  If the participant's plan nominee was appointed on the initiative of the CEO, the plan nominee may only do an act in relation to:

                     (a)  the preparation, variation, reassessment or replacement of the participant's plan; or

                     (b)  the management of the funding for supports under the participant's plan;

if the nominee considers that the participant is not capable of doing, or being supported to do, the act.



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